If the student was in the process of being evaluated for special education eligibility in the student's previous school district, the student's current school district will coordinate with the student's previous school district as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation in accordance with 34 CFR 300.301(d)(2) and (e) and 34 CFR 300.304(c)(5).
The evaluation will be completed not later than the 60th calendar day following the date on which the current school district receives written consent as required by the TEC 29.004.
When a student transfers within the state and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the school district must meet the requirements of 34 CFR 300.323(a) and (e), regarding the provision of special education services.
The timeline for completing the requirements outlined in 34 CFR 300.323(e)(1) or (2), will be 30 school days from the date the student is verified as being a student eligible for special education services.
In accordance with TEC 25.002, and 34 CFR 300.323(g), the school district in which the student was previously enrolled will furnish the new school district with a copy of the student's records, including the student’s special education records, not later than the 30th calendar day after the student was enrolled in the new school district.
All members of the ARD/IEP Committee will have the opportunity to participate in a collaborative manner in developing the IEP. A decision of the committee concerning required elements of the IEP will be made by mutual agreement of the required members if possible. The committee may agree to an annual IEP or an IEP of shorter duration—
When mutual agreement about all required elements of theIEP is not achieved, the party (the parents or adult student) who disagrees shall be offered a single opportunity to have the committee recess for a period of time not to exceed ten school days.
If the prior evaluation was completed within the past three years, meets Texas eligibility requirements, and has enough information to develop an IEP it may be accepted by the HISD ARD/IEP committee. If the evaluation is accepted an evaluation representative does not need to attend the ARD/IEP meeting.
This recess is not required when the student's presence on the campus presents a danger of physical harm to the student or others, or when the student has committed an expellable offense or an offense which may lead to a placement in an alternative education program (AEP).
The requirements of this subsection (h) do not prohibit the members of the ARD/IEP Committee from recessing an ARD/IEP committee meeting for reasons other than the failure of the parents and the school district from reaching mutual agreement about all required elements of an IEP.
During the recess the committee members will consider alternatives, gather additional data, prepare further documentation, and/or obtain additional resource persons which may assist in enabling the ARD/IEP Committee to reach mutual agreement.
The date, time, and place for continuing the ARD/IEP committee meeting will be determined by mutual agreement prior to the recess.
If a ten-day recess is implemented and theARD/IEP Committee still cannot reach mutual agreement, the district will implement the IEP that has been determined to be appropriate for the student.
When mutual agreement is not reached, a written statement of the basis for the disagreement will be included in theIEP. The members who disagree will be offered the opportunity to write their own statements.
When a district implements anIEP with which the parents disagree or the adult student disagrees, the district will provide prior written notice to the parents or adult student.
Parents have the right to file a complaint, request mediation, and request a due process hearing at any point when they disagree with decisions of the ARD/IEP Committee.
If the committee determines that a referral for special education evaluation is appropriate, the parent(s) or adult student must be informed in his or her native language that a referral has been initiated and the reason for the referral. The procedural safeguards and any evaluation procedures the district proposes to conduct must be provided in his or her native language as well. The committee addresses sociological information relevant to the referral and any concerns of the parents.
Oral language evaluation is done with individually administered standardized instruments (e.g., Woodcock-Johnson, Batería, Bilingual Verbal Ability Test (BVAT), etc.) prior to any other testing. Oral language proficiency is evaluated in both the student’s native language and English to determine language proficiency and dominance. If evaluation instruments in the student’s native language are unavailable, informal evaluation measures (e.g., language sample, oral storytelling, evaluation of receptive vocabulary, etc.) will be necessary. Oral language results must be interpreted in light of the student’s educational history and language background.
What's Required
If the student was in the process of being evaluated for special education eligibility in the student's previous school district, the student's current school district will coordinate with the student's previous school district as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation in accordance with 34 CFR 300.301(d)(2) and (e) and 34 CFR 300.304(c)(5).The evaluation will be completed not later than the 60th calendar day following the date on which the current school district receives written consent as required by the TEC 29.004.
When a student transfers within the state and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the school district must meet the requirements of 34 CFR 300.323(a) and (e), regarding the provision of special education services.
The timeline for completing the requirements outlined in 34 CFR 300.323(e)(1) or (2), will be 30 school days from the date the student is verified as being a student eligible for special education services.
In accordance with TEC 25.002, and 34 CFR 300.323(g), the school district in which the student was previously enrolled will furnish the new school district with a copy of the student's records, including the student’s special education records, not later than the 30th calendar day after the student was enrolled in the new school district.
The Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g, does not require the student's current and previous school districts to obtain parental consent before requesting or sending the student's special education records if the disclosure is conducted in accordance with 34 34 CFR 99.31(a)(2) and 99.34.
What To Do
All members of the ARD/IEP Committee will have the opportunity to participate in a collaborative manner in developing the IEP. A decision of the committee concerning required elements of the IEP will be made by mutual agreement of the required members if possible. The committee may agree to an annual IEP or an IEP of shorter duration—If the committee determines that a referral for special education evaluation is appropriate, the parent(s) or adult student must be informed in his or her native language that a referral has been initiated and the reason for the referral. The procedural safeguards and any evaluation procedures the district proposes to conduct must be provided in his or her native language as well. The committee addresses sociological information relevant to the referral and any concerns of the parents.
Oral language evaluation is done with individually administered standardized instruments (e.g., Woodcock-Johnson, Batería, Bilingual Verbal Ability Test (BVAT), etc.) prior to any other testing. Oral language proficiency is evaluated in both the student’s native language and English to determine language proficiency and dominance. If evaluation instruments in the student’s native language are unavailable, informal evaluation measures (e.g., language sample, oral storytelling, evaluation of receptive vocabulary, etc.) will be necessary. Oral language results must be interpreted in light of the student’s educational history and language background.